BILL NUMBER: AB 2307	CHAPTERED  09/27/00

	CHAPTER   745
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 26, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	AMENDED IN SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   APRIL 25, 2000
	AMENDED IN ASSEMBLY   APRIL 6, 2000

INTRODUCED BY   Assembly Member Davis

                        FEBRUARY 24, 2000

   An act to amend Section 16300 of, and to add Section 16003 to, the
Welfare and Institutions Code, relating to human services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2307, Davis.  Children:  foster care.
   Existing law provides for child welfare services, which are public
social services directed toward, among other purposes, protecting
and promoting the welfare of all children, including those in foster
care placement.
   This bill would state the intent of the Legislature that
preferential consideration be given to placement of children in
foster care with a relative, and would require each community college
district with a foster care education program to make available
orientation and training to a relative caretaker of a foster child
and would specify the course curriculum.  The bill would also require
a county to inform a relative caregiver of the availability of
training and orientation programs when the child is placed with a
relative caregiver and would state the intent of the Legislature that
the county make every reasonable effort to forward the names and
addresses of relative caregiver families who choose to receive the
training and orientation information to the appropriate community
colleges providing the training and orientation programs.  By
increasing the responsibilities of counties and community college
districts in the implementation of the program, this bill would
result in a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Over the past decade, most of the growth in California's
foster care system has been in relative placements.
   (b) The number of placements of dependent children with relatives
has grown from approximately 20 percent of total foster care
placements in the early 1980's to nearly 50 percent of total foster
care placements in 1997.
   (c) Relative caregivers often receive very little notice or
information prior to the placement of a child in their home after the
removal of the child from the biological parent or guardian as a
result of abuse or neglect.
   (d) Relative caregivers enter into the child welfare service
system with limited knowledge or understanding of its operations.
   (e) Relative caregivers frequently report frustration with complex
requirements and bureaucratic barriers they encounter when trying to
negotiate services for the children in their care.
   (f) Most relative caregivers are unaware of their rights and
responsibilities as the primary caregiver of a child who is a
dependent of the court.
   (g) Currently, there are few accessible programs for relatives to
assist them in navigating the child welfare system.
  SEC. 2.  It is the intent of the Legislature to do all of the
following:
   (a) Increase relative caregivers' understanding of the system and
the resources available to them when they take on the care and
custody of a child in foster care.
   (b) Provide relative caregivers with critical training and
information regarding the child welfare system that would enable them
to make informed decisions and provide optimum care for abused and
neglected children.
   (c) Develop training and orientation programs that will be
available and highly accessible to relative caregivers in the
communities in which they reside.
  SEC. 3.  Section 16000 of the Welfare and Institutions Code is
amended to read:
   16000.  It is the intent of the Legislature to preserve and
strengthen a child's family ties whenever possible, removing the
child from the custody of his or her parents only when necessary for
his or her welfare or for the safety and protection of the public.
In any case in which a child is removed from the physical custody of
his or her parents, preferential consideration shall be given
whenever possible to the placement of the child with the relative as
required by Section 7950 of the Family Code.  When the child is
removed from his or her own family, it is the purpose of this chapter
to secure as nearly as possible for the child the custody, care, and
discipline equivalent to that which should have been given to the
child by his or her parents.  It is further the intent of the
Legislature to reaffirm its commitment to children who are in
out-of-home placement to live in the least restrictive, most
familylike setting and to live as close to the child's family as
possible pursuant to subdivision (c) of Section 16501.1.  Family
reunification services shall be provided for expeditious
reunification of the child with his or her family, as required by
law.  If reunification is not possible or likely, a permanent
alternative shall be developed.
  SEC. 4.  Section 16003 is added to the Welfare and Institutions
Code, to read:
   16003.  (a) In order to promote the successful implementation of
the statutory preference for foster care placement with a relative
caretaker as set forth in Section 7950 of the Family Code, each
community college district with a foster care education program shall
make available orientation and training to the relative into whose
care the county has placed a foster child pursuant to Section 1529.2
of the Health and Safety Code, including, but not limited to, courses
that cover the following:
   (1) The role, rights, and responsibilities of a relative caregiver
caring for a relative child in foster care.
   (2) An overview of the child protective system.
   (3) The effects of child abuse and neglect on child development.
   (4) Positive discipline and the importance of self-esteem.
   (5) Health issues in foster care.
   (6) Accessing education and health services that are available to
foster children.
   (7) Relationship and safety issues regarding contact with one or
both of the birth parents.
   (8) Permanency options for relative caregivers, including legal
guardianship, the Kinship Guardianship Assistance Payment Program,
and kin adoption.
   (9) Information on resources available for those who meet
eligibility criteria, including out-of-home care payments, the
Medi-Cal program, in-home supportive services, and other similar
resources.
   (b) In addition to training made available pursuant to
subdivision (a), each community college district with a foster care
education program shall make training available to a relative
caregiver that includes, but need not be limited to, courses that
cover all of the following:
   (1) Age-appropriate child development.
   (2) Health issues in foster care.
   (3) Positive discipline and the importance of self-esteem.
   (4) Emancipation and independent living.
   (5) Accessing education and health services available to foster
children.
   (6) Relationship and safety issues regarding contact with one or
both of the birth parents.
   (7) Permanency options for relative caregivers, including legal
guardianship, the Kinship Guardianship Assistance Payment Program,
and kin adoption.
   (c) In addition to the requirements of subdivisions (a) and (b),
each community college district with a foster care education program,
in providing the orientation program, shall develop appropriate
program parameters in collaboration with the counties.
   (d) Each community college district with a foster care education
program shall make every attempt to make the training and orientation
programs for relative caregivers highly accessible in the
communities in which they reside.
   (e) When a child is placed with a relative caregiver, the county
shall inform the relative caregiver of the availability of training
and orientation programs and it is the intent of the Legislature that
the county shall make every reasonable effort to forward the names
and addresses of relative caregiver families who choose to receive
the training and orientation information to the appropriate community
colleges providing the training and orientation programs.
   (f) This section shall not be construed to preclude counties from
developing or expanding existing training and orientation programs
for foster care providers to include relative caregivers.
  SEC. 5.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
